Hearing continues in Kelsey Shannon murder case

Megan Ring, the public defender who is Alex Pacheco's lead attorney, wanted to call four witnesses today. She was able to, but only after spending half an hour debating precedents with prosecutor Joseph Pacyga.

Detectives repeatedly referred to interviews conducted with the witnesses on the opening day of the trial.

Their testimony to police that Pacheco told them he killed Kelsey is the only evidence prosecutors have against him, Ring said.

"There is no confession ... there are no eyewitnesses, (and) what you have from the autopsy is no corroboration of any of the testimony,â Ring said.

Pacyga objected. The purpose of the hearing is to show 17th District Court Judge John Popovich there was enough evidence to keep Pacheco in Broomfield County jail and proceed with the case against them. It's not "a mini-trial,â he said.

"This is not an opportunity for the defense to trot out and spend hours doing examination of lay witnesses,â he said.

Testimony from detectives working the case was sufficient to move forward, he said. Testimony from defense witnesses was unnecessary.

"The concern about whether this is going to take all day when an individual is charged with first-degree murder ...

Advertisement

is not something the court should be concerned about,â she said.

After adjourning court to study prior cases relevant to the argument, Popovich ruled Ring could question the witnesses, but only ask if Pacheco told them he killed Kelsey and when.

They all said Pacheco confessed to them, but couldn't agree on a time. Sean Byars, who Pacheco allegedly took to the site where Kelsey's body was found, said the conversation happened in October or November.

Nathan Sims could only say it happened before January.

Popovich did allow Ring to read into the record a list of questions she would have asked. Among them were the nature of their friendship with Pacheco, his demeanor around the time Kelsey disappeared and the extent of their drug and alcohol use.

Update, 11:05 a.m.: Detective says Pacheco recounted murder to friend

A Broomfield detective testified this morning that Steve Burton, Alex Pacheco's friend, overheard Pacheco tell another friend that he got into a physical altercation with his girlfriend at a Broomfield bus stop, strangled her with a belt, and cut her throat.

When Burton asked Pacheco why he had cut her throat in addition to strangling her, Detective Kurt Wederquist told the court, Pacheco allegedly said he "wanted to make sure she was dead."

Wederquist said Pacheco showed Burton on an online mapping service where he had dragged and dumped Kelsey Shannon's body. The detective testified that Pacheco told Burton that he had sex with Kelsey's body.

The court has taken its morning recess.

Update, 10:30 a.m.: Detective says student was threatened by Pacheco

Detective Derek Mayer testified about an interview he had with Skytyler Chavez, a student at Front Range Academy. The interview took place in January at the police department and was videotaped.

Chavez told the detective he met Kelsey over MySpace in April, and Kelsey sent pictures of her bare breasts to his cell phone in September, Mayer testified. Two pictures were of her bare breasts, one was of her face, Mayer said.

Soon after receiving the pictures, Chavez told police Pacheco and an unknown teenager "jumped himâ after school. Chavez told police Pacheco held a knife to his throat.

On cross examination, Pacheco's defense attorney Julia Lee asked Mayer if Chavez said he was verbally threatened by Pacheco.

Mayer's testimony was unclear. On redirect, prosecutor Cynthia Kowert asked if Chavez told him why he was jumped. Mayer said Chavez told him Pacheco attacked him because he was flirting with Kelsey.

Lee later asked Mayer about how the department gathered evidence in the case.

"You sort of go from teenager to teenager to find out who has information that's relevant to this case?â Lee asked.

Update, 9 a.m.: Pacheco enters

Pacheco entered the courtroom at about 8:40 a.m. wearing his orange jump suit and shackled at his ankles, waist and wrists.

Pacheco's lawyers asked for him to be unshackled and given a pen and notepad so he can communicate with them. The court allowed it, so police freed his right hand, re-shackling his left to his waist.

The Shannon family and its friends are out in force again, but Dottie and Tom Shannon, Kelsey's adoptive parents, have been excluded from the hearing because they could be called as witnesses during the trial.

Hearing continues in Kelsey Shannon murder case

The man accused of murdering 13-year-old Broomfield resident Kelsey Shannon returned to court today to continue a preliminary hearing, after which the judge will determine whether there's enough evidence to proceed with the criminal case.

Alexander "Alexâ Paul Pacheco, 18, of Broomfield, faces charges of first-degree murder for killing Shannon, his girlfriend. He is also charged with abuse of a corpse and child abuse resulting in death.

On May 13, the first day of the preliminary hearing, prosecutors with the 17th County Judicial District said testimony from Pacheco's friends and a document found on his family's computer showed he killed Shannon.

They allege Pacheco strangled and stabbed Kelsey in her throat soon after she disappeared Oct. 14 after leaving her home in the Broadlands for a walk. Pacheco is also accused of having sex with her body.

Public defender Megan Ring said she has subpoenaed four of Pacheco's friends to testify today.

Pacheco was arrested Jan. 24, three days after Shannon's severely decomposed body was found in a thicket of cattails growing alongside a ditch near the intersection of Lowell Boulevard and 136th Avenue.

Broomfield police Detective Chris Kearns testified May 13 that Pacheco bragged to friends about killing Kelsey, and asked several teens for help hiding the body and using bleach and Coca-Cola to make it decompose.

Kearns also testified a computer was found at the Broomfield home of Pacheco's uncle, with whom he often stayed. Saved on the computer was a file named "Kelsey.doc.â Kearns alleged Pacheco wrote about his concern Kelsey was cheating on him and his interest in necrophilia.

Ring called the testimony provided against Pacheco rumors passed around by teenagers. She also pointed out the teens testifying against Pacheco regularly smoked marijuana, drank and dropped acid with him around the time he is alleged to have told them about the murder.